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09/03/96 CITY CHICAGO v. AMERICAN FEDERATION STATE

September 3, 1996

CITY OF CHICAGO, PETITIONER-APPELLEE,
v.
AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 31, RESPONDENT-APPELLANT.



APPEAL FROM THE CIRCUIT COURT OF COOK COUNTY. HONORABLE EDWIN M. BERMAN, JUDGE PRESIDING.

Released for Publication October 4, 1996.

Presiding Justice Campbell delivered the opinion of the court. Wolfson, J., and Braden, J., concur.

The opinion of the court was delivered by: Campbell

PRESIDING JUSTICE CAMPBELL delivered the opinion of the court:

Plaintiff City of Chicago ("City") filed an application to vacate an arbitration award decided in favor of defendant American Federation of State, County and Municipal Employees, Council 31 ("AFSCME") in a labor dispute. The circuit court of Cook County granted the City's application. AFSCME now appeals.

The record on appeal indicates the following facts. The City is an employer and AFSCME is a labor organization that entered into a collective bargaining agreement ("CBA") on July 27, 1988. Section 1.2 of Article 1 the CBA generally provides that "the Employer will assign bargaining unit work to bargaining employees only ***." However, section 1.2 also provided as follows:

"Nothing in this Section shall limit the Employer from subcontracting work to non-employees, except as this inherent right may be subject to specific limitation, if any, in this Agreement."

Article 22 of the CBA addressed the issue of subcontracting as follows:

"The Employer will attempt to have employees perform bargaining unit work where practicable; however, the Employer reserves the right to contract out work for reasons of efficiency or economy. Prior to sub-contracting bargaining unit work, the Employer shall give notice of such contemplated action at least 30 days prior to entering into a sub-contract.

"The notice shall be in writing and shall contain the name and address of the party who will perform the work, a description of the work to be performed, any contemplated impact on bargaining unit employees, and any other relevant data to enable the Union to discuss with the Employer alternatives to such action.

"Upon request, the Employer shall meet with the Union within 3 days of such request.

"If bargaining unit employees would be laid off by the proposed sub-contracting, the Employer shall make available, on a seniority basis, equal-rated permanent jobs the Employer has declared to be vacant in the Department, or other Departments, in that order, provided the laid off employees have the then present ability to perform the required work without further training. However, the employee shall be provided with a reasonable amount of orientation to allow him or her to perform the work.

"Prior to the sub-contracting of bargaining unit work, the Employer, the Union, and the proposed sub-contractor shall meet to discuss the employment of employees subject to layoff. The Employer will request that the sub-contractor hire laid off employees."

Among the employees covered by the CBA were security guards working in the City's public library system, though such work was also performed by off-duty police officers.

This dispute involves the sub-contracting of work for security guards at the Harold Washington Library, which was opened in October 1991. During meetings in late 1990, the City informed AFSCME that the City was considering sub-contracting the security work at the new library. On May 8, 1991, after hearing rumors that the work was going to be contracted out, AFSCME wrote the City reminding the City of its obligations under Article 22 of the CBA. Although the City decided in May 1991 that the security work would be contracted out, it did not execute a contract for the work until September 16, 1991, when it signed an agreement with Tishman-Midwest, a private firm which had submitted the lowest bid to the City. Tishman-Midwest then entered into a contract with B & D Services to provide the security. The City did not notify AFSCME of the subcontract in writing until September 27, 1991.

By the time the Harold Washington Library opened, the City had closed certain library facilities and had stopped using certain other facilities as libraries. However, no City ...


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